Texas Failure to Identify Charges

What is “Fail to ID” in Texas?

In Texas it is a crime if a person intentionally refuses to give his name, residence address, or date of birth to a police officer who has lawfully arrested the person and requested the information. It is a Class C offense to refuse to provide this information. This means a person may be fined up to $500 and have additional conditions placed on them

It is also a crime if a person intentionally gives false or fictitious identifying information, including a fake name, residence address, or date of birth, if the person is lawfully “detained” or if the police have “good cause” to believe the person is a witness to a crime. When a person provides false information the offense is a Class B Misdemeanor, meaning a person can be sentenced to 6 months in jail and fined up to $2000.

However, the consequences become more severe if the person refusing to give information or providing false information is a “fugitive from justice.” Fugitive generally means the person has a warrant out for their arrest. If a person is a fugitive and they refuse to provide the requested information (name, address, or date of birth) the offense is a Class B Misdemeanor (up to 180 days in jail and up to a $2000 fine). If the person is a fugitive and the person provides false information when legally requested by a police officer then the offense is a Class A Misdemeanor. This means the person can face up to 1 year in jail and up to a $4000 fine.

Defense Attorney for Failure to Identify Charges

If you’re charged with fail to identify you should consult a criminal defense attorney. Failure to Identify is an offense under the Texas Penal Code § 38.02. However, just because an officer wants to know the information does not mean they have the legal right to ask. They must have a legal reason to stop you and ask you for the information. For an officer to legally detain a person the office must have at least “reasonable suspicion” to believe a crime has or is about to occur. “Reasonable suspicion” must be based on articulable facts within in the officer knowledge. The Fourth Amendment protects people from unreasonable searches and seizures and these protections apply to a the “fail to id” context. The Fourth Amendment is an area of law that can be very complicated and your defense attorney should have a sound knowledge of that area of the law.